The subject of this Agreement is the preparation of software by EMC for the CUSTOMER with the domain name …………………………………………………., in accordance with the terms specified in this Agreement, and its delivery to the CUSTOMER by EMC. Additionally, the usage rights of the prepared software are transferred and leased to the CUSTOMER by EMC in accordance with the terms and conditions stated in this Agreement, determining the mutual rights and obligations of the Parties.
ARTICLE 3 – DURATION OF THE AGREEMENT
This Agreement was executed and signed between the Parties on …./…./…….. and has a term of 1 (one) year. In case either Party fails to notify the other Party via notary at least 15 (fifteen) days before the expiration of this 1 (one) year term that the Agreement will not be renewed, the Agreement will automatically renew under the same conditions, excluding the Agreement fee. In the event of such renewal, the current prices listed on EMC’s website on the renewal date will be automatically applied regarding the software and software usage rights covered by the Agreement. The CUSTOMER explicitly accepts, declares, and undertakes this in advance. If the CUSTOMER notifies via notary at least 15 (fifteen) days before the expiration of the 1 (one) year term that they do not wish to renew the Agreement, EMC will not be responsible for any losses, including but not limited to data, documents, information, or the cancellation, cessation, or third-party registration of the domain.
ARTICLE 4 – CUSTOMER’S OBLIGATIONS
4.1. The CUSTOMER is obliged to provide the necessary image and text-based documents for the organization, design, and preparation of the web-based software with the domain name …………………….. by EMC. The CUSTOMER must deliver these documents and other necessary information and documents requested by EMC in writing. EMC’s obligations under this Agreement begin only after EMC confirms in writing that it has received and approved the documents from the CUSTOMER. It is acknowledged that EMC’s obligations do not commence until the CUSTOMER delivers the documents and EMC approves them in writing.
4.2. The CUSTOMER will cover the annual server service fee specified below for the server system on which web-based software will be installed, and the necessary hardware/software requirements for this system to operate.
4.3. The CUSTOMER cannot sublease or transfer to third parties the software prepared by EMC and delivered to them, including the usage rights and usage fee specified in this Agreement. If the CUSTOMER violates this provision, EMC has the right to terminate the agreement and recover damages incurred due to the violation or termination.
ARTICLE 5 – EMC’S OBLIGATIONS
5.1. EMC will design and prepare the software with the domain name …………………………………. as specified in Article 4.4, and deliver it to the CUSTOMER under the conditions stated in this Agreement. EMC will also transfer the usage rights of the software in accordance with the terms and conditions specified in the Agreement.
5.2. Following the necessary adjustments, EMC will have the project (software) and/or additional modules specified in Article 4.4 ready for the CUSTOMER to review in the system. The first 10 (ten) days after this availability will be considered the testing period. If the CUSTOMER does not report any errors/problems/faults or deficiencies related to the project (software) and/or additional modules to EMC’s ‘info@emcbilisim.com‘ email address during the testing period, at the end of this 10-day period, the project (software) and/or additional modules will be deemed to have been delivered to the CUSTOMER by EMC without errors, problems, faults, or deficiencies and accepted by the CUSTOMER in the same manner. If the CUSTOMER reports any errors/problems/faults or deficiencies related to the project (software) and/or additional modules during the testing period, and if all reported errors and problems are resolved, the project (software) and additional modules will be deemed to have been delivered to the CUSTOMER in accordance with the Agreement, and the CUSTOMER will accept them.
5.3. EMC acknowledges and declares that it will rectify or modify errors in the software attributable to EMC and adjustments and corrections in the code and designs of the software during the term of the Agreement free of charge and within a reasonable period.
5.4. EMC undertakes to complete the preparation of the project (software) and install the project (software) into the system by uploading it within …………..(….……..…..……….…….) business days from the start date of the Agreement, which is (…………………………….) date, thus initiating the testing period.
5.5. EMC shall not have any legal or financial liability for the usage of the software prepared by EMC by the CUSTOMER, whether or not it is used, for the misuse of the software, or for its use in activities that violate laws and regulations. EMC cannot be held responsible for any material, spiritual, legal, or financial consequences and profit losses arising from CUSTOMER’s use in the specified manner. The CUSTOMER acknowledges and explicitly undertakes that, for any unlawful actions carried out through the software owned by EMC’s domain, only the CUSTOMER is legally responsible, and the CUSTOMER is obligated to indemnify EMC for any damages that EMC may incur as a result. EMC expressly reserves the right to recover from the CUSTOMER for any such actions. Furthermore, in the presence of any legal violations or suspicions of crime identified directly by EMC, reported to EMC, or notified to EMC by official and administrative authorities, EMC reserves the right to temporarily close the system or suspend access to it for the CUSTOMER’s use until the CUSTOMER conclusively and in writing proves that the action is not unlawful or criminal. 5.6. EMC shall not be held responsible for internet infrastructure disruptions, regional prolonged power outages, etc., arising from circumstances beyond EMC’s control and not attributable to EMC’s fault. 5.7. EMC does not have an obligation to store or archive CUSTOMER data, information, and files within the scope of this agreement. If a written request is received from the CUSTOMER to store and archive data, information, and files, EMC will provide a price quote for this service. If the CUSTOMER accepts this price quote in writing, EMC will provide the service as requested by the CUSTOMER. ARTICLE 6 – TECHNICAL MAINTENANCE SERVICES This includes technical maintenance services for the website after it has been made operational. This service also covers the correction of software errors that have not been identified during acceptance. Maintenance services do not include the addition of new functions and/or features to the site. The duration of this service is the first 3 (three) months from the software delivery date. After this period, if the continuation of the service is requested in writing by the CUSTOMER, technical maintenance services will be separately charged by EMC, and the prices specified on EMC’s website will apply, and the CUSTOMER hereby pre-accepts and declares this.